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Do Judicial Councils Further Judicial Reform
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Book Synopsis Do Judicial Councils Further Judicial Reform? by : Linn A. Hammergren
Download or read book Do Judicial Councils Further Judicial Reform? written by Linn A. Hammergren and published by . This book was released on 2002 with total page 56 pages. Available in PDF, EPUB and Kindle. Book excerpt: Central to judicial reform efforts all around the world are the goals of increasing judicial independence and improving the management of courts. One approach that has gained popularity in the past ten years for addressing these issues is creating independent judicial councils. These organizations take over responsibility from ministries of justice or the judicial power itself for selecting and promoting judges, as well as for administering the courts. The hope is that by moving these powers to a less politicized and less bureaucratic organization, real improvements on both judicial independence and court management can be made. Latin America has engaged in substantial efforts along this line. Judicial councils were created in a sizeable number of Latin American countries in the last fifteen years, usually with the support, or even at the urging, of outside supporters of judicial reforms, including the U.S. government and various international institutions. These Latin American judicial councils have now accumulated substantial track records. Consequently they represent an important opportunity for learning about the utility of this approach to judicial reform, with great potential relevance to countries in other regions that may contemplate the creation of such institutions in Eastern Europe, the former Soviet Union, Asia, and elsewhere. Linn Hammergren takes up the challenge of analyzing the record of experience with judicial councils in Latin America and extracting key lessons. The paper is part of a new series commissioned by the Endowment's Democracy and Rule of Law Project to provide thoughtful, practical and challenging analyses of some of the key questions in the field of rule-of-law and foreign investment.
Book Synopsis DO JUDICIAL COUNCILS FURTHER JUDICIAL REFORM?: Lessons from Latin America by : Linn Hammergren
Download or read book DO JUDICIAL COUNCILS FURTHER JUDICIAL REFORM?: Lessons from Latin America written by Linn Hammergren and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The New EU Judiciary by : Emmanuel Guinchard
Download or read book The New EU Judiciary written by Emmanuel Guinchard and published by Kluwer Law International B.V.. This book was released on 2016-12-15 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Court of Justice of the European Union (CJEU) has started to implement what is arguably the most signi cant set of reforms since the Nice Treaty, with notably the doubling of the number of judges at the General Court and the disappearance of the Civil Service Tribunal. Controversies surrounding the process and outcomes of the reforms called for a broader re ection on the European Courts and the way they cope with old and new challenges. To this end, this volume brings together junior and seasoned academics and practitioners to take stock of the various aspects of these reforms and the overall functioning of the EU Judiciary, from comparative, ‘insider’, and ‘outsider’ perspectives. Broadening and deepening our understanding of the reorganisation of the EU Judiciary, the contributors offer incisive analyses of reforms and evolutions, including: – a critical appraisal of the reform process and the role and powers of the CJEU; – implications of the reforms for the Court of Justice and the General Court; – lessons from the practice of the now dismantled Civil Service Tribunal; – a re ection on the future Uni ed Patent Court; – an evaluation of the role of the CJEU’s members and staffs and their selection; – an insider’s perspective into the workings of the repeat players (Legal Services of the European Commission and of the European Parliament) and the parties’ lawyers; – an assessment of the procedural reforms before the Court of Justice and the General Court with a speci c focus on the PPU; – the unfolding and impact of the digital revolution (e-Curia) on the CJEU; – the challenges of the languages regime and legal reasoning before the CJEU. Comparative perspectives elucidate speci c judiciary reforms across Europe, including detailed analyses of developments at the European Court of Human Rights, the French Conseil Constitutionnel, and the Supreme Court of the United Kingdom. As a timely assessment of the effects of recent reforms on the EU Courts’ decision-making practices, roles, and identities, and more broadly on the legitimacy of the EU and its institutions as a whole, this book is unparalleled. It will be of great value to practitioners engaged in EU litigation, scholars of European law and policymakers at EU institutions, and all those interested in judicial process and reform.
Book Synopsis The Role of Courts and Judicial Councils in Procedural Reform by : Sam Bass Warner
Download or read book The Role of Courts and Judicial Councils in Procedural Reform written by Sam Bass Warner and published by . This book was released on 1937 with total page 15 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Courts And Transition In Russia by : Peter H., Jr. Solomon
Download or read book Courts And Transition In Russia written by Peter H., Jr. Solomon and published by Routledge. This book was released on 2018-02-23 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt: It is hardly a revelation to say that in the Soviet Union, law served not as the foundation of government but as an instrument of rule, or that the judiciary in that country was highly dependent upon political authority. Yet, experience shows that effective democracies and market economies alike require courts that are independent and trusted. In Courts and Transition in Russia, Solomon and Foglesong analyze the state and operation of the courts in Russia and the in some ways remarkable progress of their reform since the end of Soviet power. Particular attention is paid to the struggles of reformers to develop judicial independence and to extend the jurisdiction of the courts to include constitutional and administrative disputes as well as supervision of pretrial investigations. The authors then outline what can and should be done to make courts in Russia autonomous, powerful, reliable, efficient, accessible and fair. The book draws upon extensive field research in Russia, including the results of a lengthy questionnaire distributed to district court judges throughout Russian Federation.Written in a clear and direct manner, Courts and Transition in Russia should appeal to anyone interested in law, politics, or business in Russia ? scholars and practitioners alike ? as well as to students of comparative law, legal transition, and courts in new democracies.
Book Synopsis Reforming Juvenile Justice by : National Research Council
Download or read book Reforming Juvenile Justice written by National Research Council and published by National Academies Press. This book was released on 2013-05-22 with total page 463 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adolescence is a distinct, yet transient, period of development between childhood and adulthood characterized by increased experimentation and risk-taking, a tendency to discount long-term consequences, and heightened sensitivity to peers and other social influences. A key function of adolescence is developing an integrated sense of self, including individualization, separation from parents, and personal identity. Experimentation and novelty-seeking behavior, such as alcohol and drug use, unsafe sex, and reckless driving, are thought to serve a number of adaptive functions despite their risks. Research indicates that for most youth, the period of risky experimentation does not extend beyond adolescence, ceasing as identity becomes settled with maturity. Much adolescent involvement in criminal activity is part of the normal developmental process of identity formation and most adolescents will mature out of these tendencies. Evidence of significant changes in brain structure and function during adolescence strongly suggests that these cognitive tendencies characteristic of adolescents are associated with biological immaturity of the brain and with an imbalance among developing brain systems. This imbalance model implies dual systems: one involved in cognitive and behavioral control and one involved in socio-emotional processes. Accordingly adolescents lack mature capacity for self-regulations because the brain system that influences pleasure-seeking and emotional reactivity develops more rapidly than the brain system that supports self-control. This knowledge of adolescent development has underscored important differences between adults and adolescents with direct bearing on the design and operation of the justice system, raising doubts about the core assumptions driving the criminalization of juvenile justice policy in the late decades of the 20th century. It was in this context that the Office of Juvenile Justice and Delinquency Prevention (OJJDP) asked the National Research Council to convene a committee to conduct a study of juvenile justice reform. The goal of Reforming Juvenile Justice: A Developmental Approach was to review recent advances in behavioral and neuroscience research and draw out the implications of this knowledge for juvenile justice reform, to assess the new generation of reform activities occurring in the United States, and to assess the performance of OJJDP in carrying out its statutory mission as well as its potential role in supporting scientifically based reform efforts.
Book Synopsis United Nations Justice by : Calin Trenkov-Wermuth
Download or read book United Nations Justice written by Calin Trenkov-Wermuth and published by UN. This book was released on 2010 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: "At the end of the 20th century, and at the dawn of the 21st, the United Nations was tasked with the administration of justice in territories placed under its executive authority, an undertaking for which there was no established precedent or doctrine. Examining the UN's legal and judicial reform efforts in Kosovo and East Timor, this volume argues that rather than helping to establish a sustainable legal system, the UN's approach detracted from it, as it confused ends with means."--Publisher's description.
Book Synopsis Judicial Dis-Appointments by : Mitchel de S. -O. -l'E. Lasser
Download or read book Judicial Dis-Appointments written by Mitchel de S. -O. -l'E. Lasser and published by Oxford University Press. This book was released on 2020-10-11 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 2009 and 2010, the European Court of Justice and the European Court of Human Rights underwent significant reforms to their respective judicial appointments processes. Though very different judicial institutions, they adopted very similar - and rather remarkable - reforms: each would now make use of an expert panel of judicial notables to vet the candidates proposed to sit in Luxembourg or Strasbourg. Once established, these two vetting panels then followed with actions no less extraordinary: they each immediately took to rejecting a sizable percentage of the judicial candidates proposed by the Member State governments. What had happened? Why would the Member States of the European Union and of the Council of Europe, which had established judicial appointments processes that all but ensured themselves the unfettered power to designate their preferred judges to the European courts, and who had zealously maintained and exercised that power over the course of some fifty years, suddenly decide to undermine their own capacity to continue to do so? This book sets out to solve this mystery. Its point of departure is that it would be a mistake to view the 2009-2010 establishment of the two vetting panels in isolation from other European judicial developments. Though these acts of institutional creation are certainly the most notable recent developments, they actually represent but the crowning achievement of a process of European judicial appointments reform that has been running unremittingly since the 1990's. This longstanding and tenacious movement has actually triggered a broad set of interrelated debates and reforms, encompassing not only judicial appointments per se, but also a much wider set of issues, including judicial independence, judicial quality, judicial councils, the separation of powers, judicial gender equity, and more.
Book Synopsis The Analysis of Judicial Reform by : Philip L. Dubois
Download or read book The Analysis of Judicial Reform written by Philip L. Dubois and published by Free Press. This book was released on 1982 with total page 248 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Judges and Democratization by : B. C. Smith
Download or read book Judges and Democratization written by B. C. Smith and published by Taylor & Francis. This book was released on 2022-11-18 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: This second edition examines judicial independence as an aspect of democratization based on the premise that democracy cannot be consolidated without the rule of law of which judicial independence is an indispensable part. It pays particular attention to the restraints placed upon judicial independence and examines the reforms which are being applied, or remain to be adopted, in order to guard against the different kinds of interference which prevent judicial decisions being taken in a wholly impartial way. Focusing on the growing authoritarianism in the new democracies of Eastern Europe, Latin America, Asia and Africa, the book analyses the paradox of judicial activism arising from the independence endowed upon the judiciary and the rights bestowed on citizens by post-authoritarian constitutions. Finally, it asks how judicial accountability can be made compatible with the preservation of judicial independence when the concept of an accountable, independent judiciary appears to be a contradiction in terms. This book will be of key interest to scholars and students of judicial studies, democratization and autocratization studies, constitutionalism, global governance, and more broadly comparative government/politics, human rights and comparative public law.
Book Synopsis Constitutional Courts as Mediators by : Julio Ríos-Figueroa
Download or read book Constitutional Courts as Mediators written by Julio Ríos-Figueroa and published by Cambridge University Press. This book was released on 2016-04-15 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book proposes an informational theory of constitutional review highlighting the mediator role of constitutional courts in democratic conflict solving.
Book Synopsis Development and the Politics of Administrative Reform by : Linn A. Hammergren
Download or read book Development and the Politics of Administrative Reform written by Linn A. Hammergren and published by Routledge. This book was released on 2022-06-30 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses the problems of administrative reform in Third World countries by examining recent reform efforts in Peru, Colombia, and Venezuela. It discusses the politics of administrative change and the interaction of the political and technical dimensions of reform in the three countries.
Download or read book Reports of the Proceedings written by and published by . This book was released on 1970 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis World Development Report 2017 by : World Bank Group
Download or read book World Development Report 2017 written by World Bank Group and published by World Bank Publications. This book was released on 2017-01-23 with total page 605 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why are carefully designed, sensible policies too often not adopted or implemented? When they are, why do they often fail to generate development outcomes such as security, growth, and equity? And why do some bad policies endure? World Development Report 2017: Governance and the Law addresses these fundamental questions, which are at the heart of development. Policy making and policy implementation do not occur in a vacuum. Rather, they take place in complex political and social settings, in which individuals and groups with unequal power interact within changing rules as they pursue conflicting interests. The process of these interactions is what this Report calls governance, and the space in which these interactions take place, the policy arena. The capacity of actors to commit and their willingness to cooperate and coordinate to achieve socially desirable goals are what matter for effectiveness. However, who bargains, who is excluded, and what barriers block entry to the policy arena determine the selection and implementation of policies and, consequently, their impact on development outcomes. Exclusion, capture, and clientelism are manifestations of power asymmetries that lead to failures to achieve security, growth, and equity. The distribution of power in society is partly determined by history. Yet, there is room for positive change. This Report reveals that governance can mitigate, even overcome, power asymmetries to bring about more effective policy interventions that achieve sustainable improvements in security, growth, and equity. This happens by shifting the incentives of those with power, reshaping their preferences in favor of good outcomes, and taking into account the interests of previously excluded participants. These changes can come about through bargains among elites and greater citizen engagement, as well as by international actors supporting rules that strengthen coalitions for reform.
Book Synopsis Judicial Reforms and the Electoral Connection by : Amanda Driscoll
Download or read book Judicial Reforms and the Electoral Connection written by Amanda Driscoll and published by . This book was released on 2012 with total page 149 pages. Available in PDF, EPUB and Kindle. Book excerpt: I consider the influence of electoral incentives on legislators' behavior. Legislators electoral incentives are largely determined by the institutional framework in which legislators compete for offce, legislators' access to formal political power and public opinion. The first two essays consider the consequences of these explanatory variables for the proposal and passage of judicial reforms. The final essay focuses on the influence of electoral incentives on legislative speech making. My dissertation provides original data on the universe of legislative attempts at high court reform sponsored in six Latin American countries over the past 15 years. Courts vary substantially in the extent to which institutional rules guarantee their insulation from external political influence, otherwise known as their de jure independence. As legislators have the power to change these rules, they can shape the extent to which judges are incentivized to respond to the preferences of external political actors or agents. I theorize legislators' interests in promoting or restricting judicial independence stem from proximate electoral considerations induced by electoral institutions, individual incentives and public regard for high courts. Further, these same considerations-the electoral rules by which legislators' are elected, legislators' access to formal political power and public esteem for judicial institutions-directly influence legislators' ability to enact the changes they would most like to see. To test this theory, I establish a baseline measure of institutional insulation for the high courts of Argentina, Brazil, Chile, Guatemala, Mexico and Peru, scoring courts according to the institutional framework stipulated in the national constitution or judicial organic laws. Next, I apply this same rubric to all legislative initiatives to reform national judicial institutions. By comparing reforms against the status quo score at the time of introduction, I capture legislative attempts to further empower or dismantle formally independent judicial institutions. I use this data to test my hypotheses relating legislators' electoral incentives to legislators' proposals of institutional reform. In my first essay, I expand upon the notion that that legislators' proposals of high court reforms are \inexpensive and highly visible" signals to constituents about legislators' political commitments. The extent to which legislators have incentives to stake out individual positions is a function of the electoral setting, namely institutions that place value of a personal reputation and voters' direct ability to decide legislators' professional fate. I suggest that court reform proposals are largely position-taking endeavors, though legislators' decisions to promote or restrict judicial independence is contingent on public esteem for judicial institutions. My second essay extends the logic of the position-taking argument to consider its implications for the passage of judicial reform proposals. I make clear that, ironically, many of the factors that explain legislators' interest in proposing court reforms also predict their eventual failure. I hypothesize that where sponsorship of court reforms occurs frequently, the vast majority of these proposals will not be passed by the chamber of introduction, nor will they be adopted into law. Conversely, where legislators' incentives to advance high court reforms mean that these proposals ought to be advanced infrequently, these proposals will pass with great facility. I test the implications using a model of the passage of high court reforms to demonstrate that the same explanatory variables that positively predict the court reform sponsorship are negatively associated with the likelihood of successful reform passage. I focus on judicial reform proposals in countries across Latin America, where the institutional fortification of high courts has been a top political priority of the past two decades. Though institutional independence is an oft-cited justification among the political elites advancing these reforms, it is not obvious that all proposals are sincere attempts at promoting or dismantling high court independence. By coding legislative attempts at court reform cross-nationally and over time, I gain critical variance on key explanatory factors, specifically with regard to electoral incentives and public support for judicial institutions. In doing so, I test the causal mechanisms that are advanced in many theoretical accounts, but whose empirical identification has thus far been left implicit. This concise, yet empirically rigorous research design draws on-and hopefully will contribute to-the literature on separation of powers, judicial independence and inter-branch relations in comparative perspective. My third essay departs from a concern in the judiciary, instead considering patterns of legislative speech. Drawing on the literature on comparative legislative behavior, I reason that legislators' speech patterns-in the extent to which they are self-referent versus collective referent-ought to vary as a function of electoral incentives. I hypothesize that where legislators face incentives to cultivate a personal vote and are relatively unencumbered by norms of party discipline, they ought to privilege the use of self referent language when speaking on the floor of the legislature. I consider legislators' speechmaking activity in Argentina, Bolivia and Mexico, leveraging the cross-national and sub-national variance in electoral institutions and party permissiveness to test my hypothesis.
Download or read book Judicial Integrity written by and published by BRILL. This book was released on 2004-05-01 with total page 321 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditional separation of powers theories assumed that governmental despotism will be prevented by dividing the branches of government which will check one another. Modern governments function with unexpected complicity among these branches. Sometimes one of the branches becomes overwhelming. Other governmental structures, however, tend to mitigate these tendencies to domination. Among other structures courts have achieved considerable autonomy vis-à-vis the traditional political branches of power. They tend to maintain considerable distance from political parties in the name of professionalism and expertise. The conditions and criteria of independence are not clear, and even less clear are the conditions of institutional integrity. Independence (including depolitization) of public institutions is of particular practical relevance in the post-Communist countries where political partisanship penetrated institutions under the single party system. Institutional integrity, particularly in the context of administration of justice, became a precondition for accession to the European Union. Given this practical challenge the present volume is centered around three key areas of institutional integrity, primarily within the administration of justice: First, in a broader theoretical-interdisciplinary context the criteria of institutional independence are discussed. The second major issue is the relation of neutralized institutions to branches of government with reference to accountability. Thirdly, comparative experience regarding judicial independence is discussed to determine techniques to enhance integrity.
